Common use of Customer Database Clause in Contracts

Customer Database. Neither the Company nor either Seller or its Affiliates has delivered, and neither the Company nor either Seller has knowingly permitted any of their respective employees, representatives, agents, officers or managers to: (i) copy the Customer Database file, including any subsets thereof, or any other records of the Company for any use outside of the Ordinary Course of Business; (ii) deliver, the Customer Database file, including any subsets thereof, or other records of the Company to a third party or (iii) knowingly authorized a third party to access the Customer Database files, including any subsets thereof, and other records of the Company (other than, in the case of clauses (i) and (ii) above, mailing houses to use or process such information solely on its behalf, Governmental Entities as required by Law, or vendors and consultants in the Ordinary Course of Business). The Customer Database files and other records of the Company have been updated, maintained and secured in the Ordinary Course of Business. The Customer Database is the sole property of the Company and the Company has exclusive rights to such database and the collective information contained in such files and records. To the Company’s knowledge, the Customer Database files and other records of the Company have not been accessed, copied, used or disclosed in any unauthorized manner, including by any unauthorized Person.

Customer Database. Neither the Company nor either Seller or its Affiliates has delivered, and neither the Company nor either Seller or its Affiliates has knowingly permitted any of their respective employees, representatives, agents, officers officers, managers or managers any other Person to: (i) copy the Customer Database file, including any subsets thereof, or any other records of the Company for any use outside of the Ordinary Course of Business; (ii) deliver, the Customer Database file, including any subsets thereof, or other records of the Company to a third party or (iii) knowingly authorized authorize a third party to access the Customer Database files, including any subsets thereof, and other records of the Company (other than, in the case of clauses (i) and (ii) above, mailing houses to use or process such information solely on its behalf, Governmental Entities as required by Law, or vendors and consultants in the Ordinary Course of Business). The Customer Database files and other records of the Company have been updated, maintained and secured in the Ordinary Course of Business. The Customer Database is the sole property of the Company and the Company has exclusive rights to such database and the collective information contained in such files and recordsrecords for purposes of its business. To the Company’s knowledgeknowledge of Seller Parties, the Customer Database files and other records of the Company have not been accessed, copied, used or disclosed in any unauthorized manner, including by any unauthorized Person.